United States District Court, D. South Carolina
November 10, 2014
Pierre C. Gasque, Plaintiff,
Georgetown County Detention Center; Chief Schwartz; Major Morten; Captain Wineglass; and Nurse Connie, Defendants
Pierre C Gasque, Plaintiff, Pro se, Rembert, SC.
Joseph F. Anderson, Jr., United States District Judge.
The pro se plaintiff, Pierre C. Gasque, brings this action pursuant to 42 U.S.C. § 1983 raising claims regarding his conditions of confinement when he was detained at the Georgetown County Detention Center. He is now housed at the South Carolina Department of Corrections.
The Magistrate Judge assigned to this action has prepared a Report and Recommendation and opines that defendant Georgetown County Detention Center should be summarily dismissed from this action. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on October 6, 2014. The plaintiff has not filed objections and the time within which to do so has now expired. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
As the Magistrate Judge properly suggests, and this court agrees, defendant Georgetown County Detention Center is not a proper " person" under 42 U.S.C. § 1983 and it should be dismissed without prejudice and without issuance of service of process.
After a careful review of the record, the applicable law, and the Report and Recommendation, the court finds the Magistrate Judge's recommendation proper and incorporates it herein by reference. Accordingly, defendant Georgetown County Detention Center is summarily dismissed from this action without prejudice and without issuance and service of process.
IT IS SO ORDERED.